IN RE FINANCIAL OVERSIGHT AND MGMT. BD. FOR PR

No. 19-2243.

995 F.3d 18 (2021)

IN RE: The FINANCIAL OVERSIGHT AND MANAGEMENT BOARD FOR PUERTO RICO, as Representative for the Commonwealth of Puerto Rico; The Financial Oversight and Management Board for Puerto Rico, as Representative for the Puerto Rico Highways and Transportation Authority; The Financial Oversight and Management Board for Puerto Rico, as Representative for the Puerto Rico Electric Power Authority (PREPA); The Financial Oversight and Management Board for Puerto Rico, as Representative for The Puerto Rico Sales Tax Financing Corporation, a/k/a Cofina; The Financial Oversight and Management Board for Puerto Rico, as Representative for the Employees Retirement System of the Government of the Commonwealth of Puerto Rico; The Financial Oversight and Management Board for Puerto Rico, as Representative of the Puerto Rico Public Buildings Authority, Debtors. Hermandad de Empleados del Fondo del Seguro del Estado, Inc., a/k/a Unión de Empleados de la Corporación del Fondo del Seguro del Estado (UECFSE); Unión de Médicos de la Corporación del Fondo del Seguro del Estado Corp. (UMCFSE); Lizbeth Mercado Cordero; Francisco J. Reyes Márquez, Plaintiffs, Appellants, Asociación de Empleados Gerenciales del Fondo del Seguro del Estado Corp. (AEGFSE); Eva E. Meléndez Fraguada; José E. Ortiz Torres, Plaintiffs, v. United States; Financial Oversight and Management Board; Commonwealth of Puerto Rico, Defendants, Appellees, Ricardo Rosselló Nevares, through the Secretary of Justice; Rosa E. Rodríguez-Vélez, Defendants.

United States Court of Appeals, First Circuit.

April 16, 2021.


Attorney(s) appearing for the Case

Rolando Emmanuelli Jiménez , with whom Jessica E. Méndez Colberg and Bufete Emmanuelli, C.S.P. were on brief, for appellants.

Benjamin H. Torrance , Assistant United States Attorney, with whom Geoffrey S. Berman , United States Attorney, and David S. Jones , Assistant United States Attorney, were on brief, for appellee the United States.

Mark D. Harris , New York, NY, with whom Timothy W. Mungovan , John E. Roberts , Laura Stafford , Boston, MA, Larry Alan Rappaport , Martin J. Bienenstock , Stephen L. Ratner , Jeffrey W. Levitan , New York, NY, Shiloh Rainwater , and Proskauer Rose LLP were on brief, for appellees the Financial Oversight and Management Board and the Commonwealth of Puerto Rico.

Before Thompson, Kayatta, and Barron, Circuit Judges.


Two unions representing public employees in Puerto Rico together with one of their individual members brought this suit against the United States, the Financial Oversight and Management Board ("FOMB"), and the Commonwealth raising a range of claims under federal constitutional and international law. The claims all concern...

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